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s 43

Secretary may collect royalty from person owing money to royalty payer or operator

In force
Part IVCollection and recovery of royalty

43 Secretary may collect royalty from person owing money to royalty payer or operator

(1)

The Secretary may, at any time, by notice in writing, a copy of which shall be forwarded to the royalty payer at his or her last place of business known to the Secretary, require a person:

(a)

by whom any money is due or accruing or may become due to a royalty payer or operator; or

(b)

who holds or may subsequently hold money for or on account of a royalty payer or operator; or

(c)

who holds or may subsequently hold money on account of some other person for payment to a royalty payer or operator; or

(d)

having authority from some other person to pay money to a royalty payer or operator,

to pay to the Secretary, either immediately upon the money becoming due or being held, or at or within a time specified in the notice (not being a time before the money becomes due or is held):

(e)

so much of the money as is sufficient to pay the amount due by the royalty payer in respect of royalty or additional royalty payable under this Act, where such royalty or additional royalty remains unpaid after 60 days after the royalty or additional royalty became due and payable, or the whole of the money when it is equal to or less than that amount; or

(f)

such amount as is specified in the notice out of each of any payments which the person so notified becomes liable from time to time to make to the royalty payer or operator, until the amount due by the royalty payer in respect of royalty or additional royalty payable under this Act, where such royalty remains unpaid after

60 days after the royalty or additional royalty became due and payable, is satisfied.

(2)

A person who fails to comply with a notice under this section is guilty of an offence.

Maximum penalty: 40 penalty units.

(3)

A person making a payment in pursuance of this section shall be deemed to have been acting under the authority of the royalty payer or operator, and of all other persons concerned, and is hereby indemnified by the Territory in respect of the payment.

(4)

In this section operator means the person who, by agreement with the royalty payer, has the right to work and obtain from the production unit in respect of which the royalty is payable a mineral commodity, whether the person does so personally or through an agent, servant or associate.

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